Suing an ex-employer

S

StingRay

New Member
Hi,

I have a different kind of a question. I was employed with Company A till May 2nd, 2003 when I decided to quit and join Company B. I was on a H1B with Company A and so Company B agreed to transfer the H1B to their name _prior_ to my joining them.

I worked with them till June 6th, when they let go of several people, including me. Now, company A is willing to take me back... but they wanted a paper trail of my VISA application.

When I went back to Company B and asked them for my H1B application copy, receipt of acknowledgement from BCIS and the H1B cancellation paperwork, they now tell me that due to a "communications error", my application for a H1B was never sent to BCIS in the first place.

This makes both of us illegal... them for having paid me without a valid VISA and me for having worked with them without one.

My question is... are there are legal ramifications behind such cases? What are my rights as an employee? Before I started with them, I did ask the HR whether they've received my H1B application receipt from BCIS and I was told "yes". My mistake was that I never asked for a copy.

This company is not even paying us any severence. Can I sue or at least claim for a severence package from this company for the huge blunder they've committed? Are there any laws that allow me to sue them if I have to? Please advise.

Thanks in advance and sorry for the lengthy message.
 
You should consult a lawyer for better answers.

You are also at fault bcos, you are not supposed to work for company b till you get a the transfer receipt notice.
 
I am aware that I'm to blame too in this case, but when typically, when you're starting off on a new job, you don't want to sound too demanding and say "show me the letter or I won't start working". I took their word for gold.

But the bigger problem here is that since they never even filed my application with BCIS, I have technically been out of status since I quit my first job (May 2nd). So it is in that area that I'm trying to get some sort of retribution for.

I was just wondering if anyone else in this forum had gone thru' or heard of any similar cases and their outcomes.

Thanks for your reply.
 
Originally posted by StingRay
I am aware that I'm to blame too in this case, but when typically, when you're starting off on a new job, you don't want to sound too demanding and say "show me the letter or I won't start working". I took their word for gold.

But the bigger problem here is that since they never even filed my application with BCIS, I have technically been out of status since I quit my first job (May 2nd). So it is in that area that I'm trying to get some sort of retribution for.

I was just wondering if anyone else in this forum had gone thru' or heard of any similar cases and their outcomes.

Thanks for your reply.
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Hi,

I saw your posting by browsing the section, i dont have an expert knowledge but i think each Employer is required to have an I-9 Form for the employee that proves the eligibility to work.
In your case they suppose to file your H1- transfer and use this as your legal way to work for them.

By not verifying your work eligibility and if you never provided any false documents than i think you can manage to sue. Again this is all my personal opinion and you should better consult a Lawyer.

Here is the link of BCIS http://www.immigration.gov/graphics/formsfee/forms/i-9.htm

Good Luck
 
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